Merrick v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Oklahoma county of manslaughter in the first degree and his punishment fixed at five years in the state penitentiary. The defendant contends: First, that the evidence does not sustain the verdict; second, that defendant at the time of the shooting was insane; third, prejudicial errors in the instructions: fourth, error in overruling motion for new trial. These assignments will be considered in the order presented.

At the time charged, at a filling station just north of the State Capitol, defendant shot one…